The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-08-30
NO VALID LEGISLATION
on the subject to which the inquir
referred.U


tried. plaintiff recovered YER
dict of 500. 900 against the sergeant-at-
arms. This amount was subsequently
reduced to $25 900, which was paid by
order of Congress. This case will stand
| for all time as bulwark against the in
vasion of the rights of the citizen to
protection in his private affairs against
unlimited scrutiny of investigation by
a congressional CON nittee. The Courts
are open to the United States as they
are to private citizen, and both can
there secure, by regular proceedings,
the ample
PROTECTION OF ALL RIGHTS
and interests which are entitled to pro-
lection under the government of
the written Constitution and laws.
This act of Congress not only
authorizes q searching investigation
| into the methods, affairs and business
of the Central Pacific Railway Com
pany, but makes it the duty of the rail.
way commission to inquire into, to as
certain and report whether any of the
directors, officers or employees of that
company have been or are now, di-
rectly or indirectly, interested, and to
what amount or extent, in any other
lal1i oaoI SIeaASnlp, IcloSiaPn, SApIcSSi
mining, construction or any other bust
ness or corporation, and with which
any agreements, undertakings OF
| leases have been made or entered into.
There are over 100 officers, principal
and minors. of the Central Pacific
Railway Company and nearly 5000
employees. It is not unreasonable
to suppose a large portion of these
have some interest, as stockholders or
otherwise, in some other company or
corporation, with which the railway
| company may have an agreement of
some kind, and it would be difficult to
state the extent of which the explora-
tons of the commission into
| the private affairs of these persons
may not go, if the mandate of the act
| could be fully carried out, but in &C
cordance with the principles declared
IN the case of Kilbourn VS.. Thompso On,
and the equally important doctrines
announced in Boyd vs.. the United
States, the commission is limited
in its inquiries into the intere of
| these directors, officers and employees
in any other business, company or cor
poration, to such matters as these per
sons may chose to disclose. They can
not be compelled to open their books
and expose such other business to the
inspection and examination of the COM
mission. They were not prohibited
from engaging in any other lawful bust
ness because of their interests and con-
nection with the Central Pacific Rail-
way Company, and that other business
might as well be the construction and
management of other railroads, as the
planting of vines or the raising of fruit,
in which some of these directors, Off
GERS and employers have been in fact
engaged, and they are
ENTITLED TO THE SAME PROTECTION
and exemption from inquiry and in
vestigation into such business, as any
other citizens engaged in like business.
With reference to the vouchers, re-
speeding which the principal interroga
tons are propounded, and to which we
are asked to compel an answer from
the witness, it is conceded by the COM
missioners on this motion that the
moneys covered by them were not
charged against the United States in
ascertaining the net earnings of the
company. If such were the case, it is
is difficult to see what interest
the United States can have
in the disposition of these
moneys. Be that as it may, the general
courts can not, upon that concession,
aid the commission IN ascertain1ng how
the moneys were expended. Those
courts cannot become the instrument of
the commission in furthering it's in
vestigstion. The act of Congress Gre
ating the railroad commission, in terms, |
provides as already stated, that it may
invoke the aid OF any circuit or district |
court to require the attendance of wit |
nesses and the production of books, |
papers and documents, relating to the |
subject of inquiry; and it empowers the |
court, in case of contumacy or re-
fusal of persons to obey subpoena |
to appear before the commissioners, or |
either of them, and produce the books |
and papers ordered, and give evidence |
touching the matters in question and so
punish disobedience to its orders, and |
does not appear to leave any discretion !
in the matter with the court.
IT WOULD SEEM
as though Congress intended that the
court should make the orders |
sought upon the mere request of
the commission without regard to tie
nature OF the inquiry. IL IS Qlncult u |
believe that it could have intended |
that the court should thus be mere |
executor of the commissioners will and |
yet if the commissioners are not bound, |
as they have asserted, by any rules of /
evidence in their Investigations, and
may receive hearing, ex parte state |,
ments, information of every character
that may be brought to their attention,
and the court is to aid them in this
manner of investigation, there can be
no room for the exercise of Judgment
as to the propriety of the questions
asked, and the court is left merely
to direct that the pleasure of the COM
missioners in the line OF their
inquiries be carried out; but If it was ex-
pected that the courts, when its aid is
revoked, should examine the subject of
the inquiries to see their character, so
as to be able to determine the
PROPERTY AND PERTINENCE
Of the questions, and the propriety andj
q. csssity of producing the books,
papers and documents asked for before
the commission, then it would be called
upon to exercise advisory functions in
an administrative or political proceed
ing or the exercise of judicial power. IL